ALJ/PSW/tcg DRAFT Agenda ID #5283

Decision DRAFT DECISION OF ALJ WEISMEHL (Mailed 1/17/2006)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Rulemaking on the Commission's own motion to provide for mitigation of local rail safety hazards within California.

Rulemaking 93-10-002 (Filed October 6, 1993)

OPINION MODIFYING DECISION 97-09-045 TO

CONFORM IT TO FEDERAL COURT DECISIONS

I. Summary

This decision modifies Decision (D.) 97-09-045, the Commission's 1997 order identifying local safety hazard sites on railroad lines in California and adopting regulations to eliminate or reduce recurring railroad accidents at these identified local safety hazard sites. By this order, D.97-09-045 is modified to conform to decisions and orders of the Ninth Circuit Court of Appeals and the United States District Court for the Northern District of California, Case Nos. 01-15141, 01-15531, and C-97-03660 TEH, respectively. This proceeding is closed.